A custody action is a law suit, usually between separated parents, over legal and physical custody of their minor child. State law authorizes courts to decide wheather one or both parents make decisions regarding the child, with which parent the child lives (custodial partent), and how often the child vistit the other parent (non-custodial parent).

Jurisdiction in a custody case is based on where the child resides. Except in usual circumstances, the child must have lived in Lehigh County for six months immediately prior to filing. If the child is less than six months old, Lehigh County will probably have jurisdiction, if the baby has lived here most of his/her life. 

A person entitled to start a legal action must have “standing”. The Custody Act permits a mother or father to file against the other parent.  Grandparents can file for custody when the parents of the child are separated or when parents who live together are neglecting the child. 

If a parent of the subject child is under 18, he or she must be represented in the litigation by an adult.  Typically that person will be a parent.

No. The child must be born.

• The current filing fee to begin a case is $172.25
• The fee to file a Modification is $25.00
• The fee to file a Contempt is $25.00
• The fee for mediation is $25.00 per person for the first session.
• The fee for subsequent mediations is $15.00 per person.

A party who is without financial resources to pay the costs of litigation may be entitled to proceed in forma pauperis (IFP). North Penn Legal Services (610-317-8757) can determine eligibility for IFP status and offers a Custody Workshop for people who qualify.

A party seeking IFP status without the assistance of North Penn Legal Services must fill out a petition stating all of his/her income, assets, liabilities and debts. The petition will be sent to a judge for review and decision.

Yes. Go to PA Law Help and follow the instructions to Lehigh County custody forms. Access to this site is available in the Lehigh County Law Library.

You must have the address of the other parent, so that the papers can be served.

If the other party is refusing the certified mail you can, for a fee, have a sheriff or constable serve them.

Mediation is a meeting with the parties (no attorneys) and a trained professional who helps people reach an agreement with each other. If an agreement is reached, it becomes a written court order. Mediation is generally one hour long. Lawyers and children do not participate in mediation.

A custody conference is conducted by a Family Court Hearing Officer, also called a master, an attorney employed by the court. Parties and attorneys meet with the master to establish the issues in the case, and try to formulate an agreement.

When the issues in a case involve questions of legal custody (who makes decisions) or primary or shared physical custody (where the child lives), the case is decided by a judge. If the case involves partial physical custody, the master will conduct a hearing. Contempt hearings are conducted by a judge.

An attorney is trained in the law, and in court procedures, and can protect your valuable legal rights. An attorney is not required for a conference or trial, however it is recommended.

Lawyer Referral Services of Lehigh County (610) 433-7094.

Requests for continuance for mediation may be by telephone. The other party must be contacted to see if they agree with or oppose the request. If the other side opposes, he or she should contact the office to state the reasons for the opposition. The Family Court Administrator will act on the request.

Requests for continuance of a conference before a master must be made on the Family Court Continuance Application. PDF MS Word

You must complete an Request for Dismissal Affidavit of Parties form which both parties must complete and sign for filing. PDF MS Word

No. Court Rules prohibit ex parte (one party only) communications with a hearing officer.

Children are never brought to mediation. Children are not brought to a conference without permission of the master. If you believe the master should speak to the children, you must write a letter to the master, stating the reasons for your request, and send a copy of the letter to the other parent. The master will review the request and respond.

It depends on what is included in the PFA. If the PFA supersedes the custody order, you follow what the PFA says. If not, then follow the custody order.

You can file a Petition for Contempt, outlining the alleged violation of the existing order. The petition will be scheduled before a master for conference.

The police generally don't get involved in custody disputes unless specifically required by the Order. If the other party isn’t following the order you can file a petition for contempt.

You must file a Petition for Modification and pay the $25.00 filing fee. You may request mediation, or a conference will be scheduled. If there is no agreement, the case will be scheduled with a master for conference, and if necessary before a judge or master for hearing.

Both parties must complete an Affidavit of Parties form requesting that either the case be discontinued, or that the prior order remain in effect.

You can be found in contempt by a judge and your visits may be restricted. If you have filed a modification or contempt the judge may choose to take no action on your petition until the program is completed.